Gustave J. DiBianco
Judge DiBianco no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge DiBianco decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On a motion to dismiss in prisoner civil-rights cases, analyzes the claims defendant-by-defendant, dismissing entirely as to some defendants while allowing the Eighth-Amendment claims against others to proceed toward summary judgment.
“Defendants' Motion to dismiss (Dkt. No. 11) is GRANTED IN PART, and this action is DISMISSED IN ITS ENTIRETY as against Defendants BROWN, GUSMAN, and EAGEN ... DENIED with respect to the EIGHTH AMENDMENT CLAIMS ONLY against Defendants MILICEVIC, BHAVSAR, and LUCAS, without prejudice to Defendants filing a Motion for summary judgment”
Grants summary judgment only as to the specific claims the record supports, denying the motion in all other respects rather than disposing of the case wholesale.
“defendants' motion for summary judgment (Dkt. No. 25) be GRANTED, only to the extent that plaintiff seeks relief for the removal from his job and to the extent that he requests injunctive relief; and it is further ORDERED, that defendants' motion for summary judgment (Dkt. No. 25) be DENIED IN ALL OTHER RESPECTS”
Cautions
On habeas review, recommends denial and dismissal where the claims lack merit under AEDPA deference.
“In an excellent Report and Recommendation, Magistrate Judge DiBianco concludes that the petition lacks merit and recommends that it be denied. ... ORDERED that the Report and Recommendation of United States Magistrate Judge Gustave J. DiBianco is adopted in its entirety; and it is further ORDERED that the petition is denied and dismissed.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' Motion to dismiss (Dkt. No. 11) is GRANTED IN PART, and this action is DISMISSED IN ITS ENTIRETY as against Defendants BROWN, GUSMAN, and EAGEN ... DENIED with respect to the EIGHTH AMENDMENT CLAIMS ONLY against Defendants MILICEVIC, BHAVSAR, and LUCAS, without prejudice to Defendants filing a Motion for summary judgment”
“defendants' motion for summary judgment (Dkt. No. 25) be GRANTED, only to the extent that plaintiff seeks relief for the removal from his job and to the extent that he requests injunctive relief; and it is further ORDERED, that defendants' motion for summary judgment (Dkt. No. 25) be DENIED IN ALL OTHER RESPECTS”
“By Report-Recommendation dated August 29, 2006, the Honorable Gustave J. DiBianco, United States Magistrate Judge, recommended that the defendants' motion for partial dismissal be granted ... the Report-Recommendation is accepted and adopted in its entirety. ... The defendants' motion for partial dismissal is granted”
“the Report-Recommendation (Dkt. No. 43) is APPROVED and ADOPTED in its ENTIRETY ... Defendants' Motion to dismiss (Dkt. No. 36) is GRANTED, and Plaintiff's Complaint is DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE as stated in Judge DiBianco's Report-Recommendation”
“In an excellent Report and Recommendation, Magistrate Judge DiBianco concludes that the petition lacks merit and recommends that it be denied. ... ORDERED that the Report and Recommendation of United States Magistrate Judge Gustave J. DiBianco is adopted in its entirety; and it is further ORDERED that the petition is denied and dismissed.”
“no objections having been submitted thereto ... The Report-Recommendation is hereby approved. ... The Clerk is directed to enter judgment in plaintiffs' favor ... for a total judgment of $7,989,567.70. ... The plaintiffs' motion for a permanent injunction is granted”
Caseload & timing
From public federal docket records for this judge.
The available case sample consists largely of criminal duty matters, including complaints and warrants, plus miscellaneous proceedings such as international extradition matters under 28 U.S.C. Section 3184. A group of miscellaneous cases shows a common December 2021 administrative closing date, long after Judge DiBianco's 2010 retirement, so those dates are not treated as merits adjudications. His substantive civil work chiefly took the form of reports and recommendations acted on by district judges; the available material does not support reliable merits-duration estimates.
A historical record
Judge DiBianco no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.